[Ord. 179, 8/8/2011, § I]
1. 
Financial security shall be provided by the applicant in lieu of the completion of improvements required as a condition for the final approval of a plat in accordance with this Part and § 22-310 of this chapter. If such financial security has been provided, the Township shall not condition the issuance of building, grading or other permits relating to the erection or placement of improvements, including buildings, upon the lots or land as depicted upon the final plat upon actual completion of the improvements depicted upon the approved final plat. Moreover, occupancy permits for any building or buildings to be erected shall not be withheld following: the improvement of the streets providing access to and from existing public roads to such building or buildings to a mud-free or otherwise permanently passable condition, as well as the completion of all other improvements as depicted upon the approved plat, either upon the lot or lots or beyond the lot or lots in question if such improvements are necessary for the reasonable use of or occupancy of the building or buildings.
2. 
The applicant shall not be required to provide financial security for the costs of any improvements for which financial security is required by and provided to the Pennsylvania Department of Transportation in connection with the issuance of a highway occupancy permit pursuant to Section 420 of the Act of June 1, 1945, (P.L. 1242, No. 428) known as the "State Highway Law."
3. 
If water mains or sanitary sewer lines, or both, along with apparatus or facilities related thereto, are to be installed under the jurisdiction and pursuant to the rules and regulations of a public utility or municipal authority separate and distinct from the Township, financial security to assure proper completion and maintenance thereof shall be posted in accordance with the regulations of the controlling public utility or municipal authority and shall not be included within the financial security as otherwise required by this chapter.
[Ord. 179, 8/8/2011, § I]
1. 
All land disturbance work and the construction or installation of all improvements shall be, at all times, subject to inspections by the Township Engineer and/or other professional consultants serving as representatives of the Township.
2. 
Inspections of the construction or installation of improvements shall be conducted in accordance with the requirements set forth in the Standard Public Improvement Specifications, as last revised.
3. 
The applicant shall reimburse the Township for the reasonable and necessary expense incurred in connection with the inspection of all required improvements. Such reimbursement shall be based upon a schedule established by resolution of the Board of Supervisors, as revised from time to time. Such expense shall be reasonable and in accordance with the ordinary and customary fees charged by the Township Engineer or other professional consultants for work performed for similar services in the Township, but in no event shall the fees exceed the rate or cost charged by the Township Engineer or such other consultants to the Township for comparable services when fees are not reimbursed or otherwise imposed on applicants.
A. 
The Township shall submit to the applicant an itemized bill showing the work performed in connection with the inspection of improvements performed, identifying the person performing the services and the date and time spent for each task. In the event the applicant disputes the amount of any such expense in connection with the inspection of improvements, the applicant shall, no later than 30 days after the date of transmittal of the bill for inspection services, notify the Township and the Township's professional consultant that such inspection expenses are disputed as unreasonable or unnecessary, and shall explain the basis of their objections to the fees charged, in which case the Township shall not delay or disapprove a request for release of financial security, a subdivision or land development application or any approval or permit related to development due to the applicant's dispute of inspection expenses, and the applicant shall promptly pay such disputed fees pending a determination of the dispute. A dispute regarding inspection expenses shall not, under any circumstances, relieve the applicant from timely payment of the disputed fees. Failure of the applicant to dispute a bill within 30 days shall be a waiver of the applicant's right to arbitration of that bill under this section.
B. 
Subsequent to the final release of financial security for completion of improvements for a subdivision or land development, or any phase thereof, the Township Engineer shall submit to the Township a bill for inspection services, specifically designated as a final bill. The final bill shall include inspection fees incurred through the release of financial security.
C. 
If the Township and the applicant cannot agree on the amount of expenses which are reasonable and necessary, then the applicant shall have the right, within 45 days of the transmittal of the final bill or supplement to the final bill to the applicant, to request the appointment of another professional consultant to serve as an arbitrator. The applicant and professional consultant whose fees are being challenged shall by mutual agreement, appoint another professional consultant to review any bills the applicant has disputed and which remain unresolved and make a determination as to the amount thereof which is reasonable and necessary. The arbitrator shall be of the same profession as the professional consultant whose fees are being challenged.
D. 
The arbitrator so appointed shall hear such evidence and review such documentation as the arbitrator in his or her sole opinion deems necessary and shall render a decision within 50 days of the date of appointment. Based on the decision of the arbitrator, the applicant or the professional consultant whose fees were challenged shall be required to pay any amounts necessary to implement the decision within 60 days. In the event the Township has paid the professional consultant an amount in excess of the amount determined to be reasonable and necessary, the professional consultant shall within 60 days reimburse the excess payment.
E. 
In the event that the applicant and the professional consultant whose fees are being challenged cannot agree upon the arbitrator to be appointed within 20 days of the request for appointment of an arbitrator, then, upon application of either party, the President Judge of the Court of Common Pleas of Chester County (or if at the time there be no President Judge, then the senior active judge then sitting) shall appoint such arbitrator, who, in that case, shall be neither the Township Engineer nor any professional consultant who has been retained by, or performed services for, the Township or the applicant within the preceding five years.
F. 
The fee of the arbitrator shall be paid by the applicant if the review fee charged is sustained by the arbitrator, otherwise it shall be divided equally between the applicant and the Township. If the disputed fees are found to be excessive by more than $5,000, the arbitrator shall have the discretion to assess the arbitration fee in whole or in part against either the applicant or the Township. The Township and the consultant whose fees are the subject of the dispute shall be parties to the proceeding.
[Ord. 179, 8/8/2011, § I]
1. 
When the developer has completed all of the required improvements, the developer shall notify the Board of Supervisors, in writing, by certified or registered mail, of the completion of such required improvements and shall send a copy thereof to the Township Engineer. The Township Manager shall, within 10 days after receipt of such notice, direct and authorize the Township Engineer to inspect all of the improvements. The Township Engineer shall thereupon file a report, in writing, with the Board, and shall promptly mail a copy of the report to the developer by certified or registered mail. The report shall be made and mailed within 30 days after receipt by the Township Engineer of the aforesaid authorization from the Board, and shall be detailed and shall indicate approval or rejection of the improvements, either in whole or in part. If the improvements, or any portion thereof, shall not be approved or shall be rejected by the Township Engineer, the report shall contain a statement of reasons for such nonapproval or rejection.
2. 
The Board of Supervisors shall notify the developer, within 15 days of receipt of the Township Engineer's report, in writing, by certified or registered mail, of the action of the Board with regard to approval, nonapproval, or rejection of improvements.
3. 
If the Board of Supervisors or the Township Engineer fails to comply with the time limitations as provided in this section, all improvements will be deemed to have been approved, and the developer shall be released from all liability, pursuant to its performance guarantee or other financial security.
4. 
If any portion of the improvements shall not be approved or shall be rejected by the Board of Supervisors, the developer shall proceed to complete those improvements and, upon completion, the same procedure of notification as provided in this section shall be followed.
5. 
The developer shall be responsible for maintenance of all public improvements until such improvements are offered for dedication and are accepted by the Township. In addition, 10% of the performance guarantee shall be held hack by the Township until the developer has posted a maintenance guarantee as required by § 22-606 and as-built plans are verified and accepted by the Township as provided in § 22-604.
6. 
Partial releases of the performance guarantee during the period of construction shall be authorized as provided in § 22-310.
[Ord. 179, 8/8/2011, § I]
Within 60 days after completion and Township approval and final inspection of the subdivision or land development improvements as shown on the final plan, and before Township acceptance of such improvements, the developer shall submit as-built plans that conform to the requirements contained in the Standard Public Improvement Specifications.
[Ord. 179, 8/8/2011, § I]
1. 
Upon completion of any public improvements shown on an approved subdivision plan and within 90 days after approval of such public improvements as herein provided, the developer shall submit written offer of such public improvements for dedication to the Township. Said offer shall include a deed of dedication covering said public improvements, together with satisfactory proof establishing the developer's title to said property free and clear of all liens and encumbrances. Such documents are to be filed with the Township for review and approval of the Township Solicitor. Deeds of dedication for public improvements may be accepted by resolution of the Board at a regular meeting thereof. The Supervisors may require that at least 80% of the lots in any approved subdivision or land development (or phase thereof, if final plan approval has been in phases) have certificates of occupancy issued for buildings thereon prior to acceptance of dedication. Should the streets, even though constructed according to the specifications of this chapter, deteriorate before the said 80% of the lots have certificates of occupancy issued, such streets shall be repaired in a manner acceptable to the Board before being accepted by the Township.
2. 
If the developer fails to offer dedication of said improvements, then the Board may, in addition to any other remedies provided by law, require the applicant, or his heirs, successors, executors or assigns, to make an offer at any time in the future that the best interests of the Township are served by the dedication and acceptance of the public improvements.
3. 
The Township shall have no obligation to takeover and make public any street, other improvement or park, however, unless:
A. 
The required improvements, utility mains and laterals, monuments, markers, etc., shown on the approved final plans, have been certified by the Township Engineer as having been constructed in accordance with the provisions of this chapter.
B. 
It is established to the satisfaction of the Board that there exists a need for the improvements to be taken over and made public.
4. 
The Township shall have no responsibility with respect to any park, street or other improvement, notwithstanding the use of the same by the public, unless the park, street or other improvement has been accepted by ordinance or resolution by the Board.
5. 
The Board may require that certain subdivision and land development improvements remain undedicated, with maintenance the responsibility of individual lot owners, a homeowner's association or similar entity, or an organization capable of carrying out maintenance responsibilities.
[Ord. 179, 8/8/2011, § I]
Where the Board of Supervisors accepts dedication of all or some of the required improvements following completion (whether such dedication is of the fee or of an easement), the Board shall require the posting of financial security to secure the structural integrity of the improvements and the functioning of the improvements in accordance with the design and specifications as depicted on the approved final plan. The security shall be in the form authorized for the deposit of the performance guarantee, as described in § 22-310 of this chapter, and shall be for a term of 18 months from the date of the acceptance of dedication. The financial security shall be in an amount equal to 15% of the actual cost of installation of the improvements so dedicated.
[Ord. 179, 8/8/2011, § I]
If, in the opinion of the Township Engineer, the nature of any land disturbance work is such that it may create a hazard to human life or endanger adjoining property or property at a higher or lower elevation, or any street or street improvement, or any other public property, then the Township may require, upon the advice of the Township Engineer, that the applicant and/or developer, as applicable, provide a certificate of insurance confirming that the applicant and/or developer is insured against claims for damages for personal and bodily injury and property damage (including damage to East Coventry Township by deposit or washing of material onto municipal streets or other public improvements), which may arise from or out of the performance of the work, whether such performance be by the applicant, the developer, his or their subcontractor(s), or any person directly or indirectly employed by either of them. The certificate of insurance shall also list East Coventry Township as an additional insured, and be presented to the Township Manager prior to the disturbance work. The amount of such insurance shall be prescribed by the Township in accordance with its determination of the risks involved to persons or property but in no event shall the amount be less than $100,000 per occurrence. Such insurance shall be written by a company licensed to do business in Pennsylvania and shall be satisfactory to the Township. Neither issuance of a permit nor compliance with the provisions thereto or any condition imposed by the Township shall relieve any person from any responsibility for damage to persons or property otherwise imposed by law, nor shall it impose any liability upon the Township for damages to persons or property.
[Ord. 179, 8/8/2011, § I]
The Standard Public Improvement Specifications shall apply to all public improvements covered by such standard specifications, as more particularly provided therein.
1. 
Supplemental Nature of Standard Specifications. The Standard Public Improvement Specifications shall supplement other provisions of this chapter and provisions of other Township ordinances, rules and regulations, which apply to public improvements covered by such standard specifications, to the extent that such other provisions of this chapter and provisions of other Township ordinances, rules and regulations are not inconsistent with such standard specifications.
2. 
Inconsistencies.
[Amended by Ord. 213, 6/12/2017]
A. 
In the event of an inconsistency between (1) provisions of the Standard Public Improvement Specifications, and (2) other provisions of this chapter or provisions of other Township ordinances, rules and regulations (other than those provisions specifically providing for the construction, installation or other completion of public improvements in a designated floodplain area), the provisions of the Standard Public Improvement Specifications shall govern.
B. 
In the event of an inconsistency between (1) provisions of the Standard Public Improvement Specifications and (2) other provisions of this chapter or provisions of other Township ordinances, rules and regulations that specifically provide for the construction, installation or other completion of public improvements in a designated floodplain area, the most-restrictive provisions shall govern.